Coronavirus/COVID-19/SARS-CoV-2 Response (San Francisco Mayor) Immediate Disclosure Request

Anonymous Person filed this request with the Office of the Mayor of San Francisco, CA.
Status
Completed

Communications

From: Anonymous Person

Mayor Breed and Office of Mayor,

NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. All of your responses (including all responsive records) may be instantly and automatically available to the public online via the MuckRock.com FOIA service used to issue this request (though the requester is an anonymous user, not a representative of MuckRock). Nothing herein is legal, IT, or professional advice of any kind. The author disclaims all warranties, express or implied, including but not limited to all warranties of merchantability or fitness. In no event shall the author be liable for any special, direct, indirect, consequential, or any other damages whatsoever. The digital signature, if any, in this email is not an indication of a binding agreement or offer; it merely authenticates the sender. Please do not include any confidential information, as I intend that these communications with the City all be disclosable public records.

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to you individually and your agency.

1. All communications between your agency or its employees/officers on the one hand, and DEM or DPH, or any of their employees or officials on the other hand (including all emails, memos, texts, or chats of any form INCLUDING any personal property communications subject to City of San Jose ) including any of the following keywords: "coronavirus" "wuhan" "SARS" "COVID" "COVID19" "COVID-19" "SARS-CoV-2" "2019-nCOV" "nCOV" "severe acute respiratory syndrome" "viral pneumonia" "pneumonia of unknown etiology" from Nov 14, 2019 to present. For solely this request, any format showing all participants (TO, FROM, CC; and BCC for items sent by City employees) and preserving the body, attachments and images is sufficient.

Your initial response is required by Mar 11, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records.
Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, print and scan electronic records, convert native files to PDFs, or provide black and white versions of any color record. Provide only copies of records not requiring fees and in-person inspection of all other records (GC 6253).

Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27).
- All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld (SFAC 67.26).
- You must respond to emailed requests (SFAC 67.21(b)).
- You must notify us of whether or not responsive records exist and/or were withheld for each below request (Gov Code 6253(c), 6255(b)).
- You must state the name and title of each person responsible for withholding any information (Gov Code 6253(d)).
- Do not impose any end-user restrictions upon me (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301); so if you use a third-party website to publish records, please make them completely public without any login or sign-in.

Your agency must do all of the above things in your response, and you cannot wait until we file complaints.

****** We have no duty to, and we will not again, remind the City of its obligations. Instead, we will file complaints for every Sunshine Ordinance or CPRA violation. We will continue to file complaints until the City's procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations.

Thank you for your anticipated cooperation in this matter.

Sincerely,
Anonymous

From: Office of the Mayor

Anonymous,

Your request is neither simple nor routine nor readily answerable and requires consultation with other departments. Accordingly, we will respond within the full 10 day period for a regular request, barring the need for a further extension. See Cal. Gov. Code 6253 and Admin. Code 67.25(b).

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: Anonymous Person

Mayor and Office of Mayor:

NOTE: THE EMAIL ADDRESS SENDING THIS REQUEST IS A PUBLICLY-VIEWABLE MAILBOX. Please be certain you have properly redacted all of your responses. Once you send them to us, there is no going back. All of your responses (including all responsive records) may be instantly and automatically available to the public online via the MuckRock.com FOIA service used to issue this request (though the requester is an anonymous user, not a representative of MuckRock). Nothing herein is legal, IT, or professional advice of any kind. The author disclaims all warranties, express or implied, including but not limited to all warranties of merchantability or fitness. In no event shall the author be liable for any special, direct, indirect, consequential, or any other damages whatsoever. The digital signature, if any, in this email is not an indication of a binding agreement or offer; it merely authenticates the sender. Please do not include any confidential information, as I intend that these communications with the City all be disclosable public records.

Below are new Immediate Disclosure Requests (SF Admin Code 67.25(a)) directed to you individually and your agency. I am waiving all timeliness requirements for this specific request (but not the prior requests from this email address) until April 7, 2020 subject to the condition that your agency and its employees do not destroy and indeed retain all responsive records (ON BOTH PERSONAL AND GOVERNMENT PROPERTY) that exist as of receipt of this request. You may therefore still need to inform your agency's employees of this request, and that they cannot destroy the responsive records below even on personal property and even if they do not need to respond until April 7.

1. All communications between your agency or its employees/officers on the one hand, and the DEM, DPH, or any of their employees or officials on the other hand (including all emails, memos, texts, or chats of any form INCLUDING any personal property communications subject to City of San Jose ) including any of the following keywords: "coronavirus" "wuhan" "SARS" "COVID" "COVID19" "COVID-19" "SARS-CoV-2" "2019-nCOV" "nCOV" "severe acute respiratory syndrome" "viral pneumonia" "pneumonia of unknown etiology" from **Mar 10, 2020 to present.** For solely this request, any format showing all participants (TO, FROM, CC; and BCC for items sent by City employees) and preserving the body, attachments and images is sufficient. You may exclude final versions of any orders, press releases, or other documents already published by the City on a public website, but you must provide any non-final/prior/non-published versions if you retained them as of this request.

Your initial response is required by Apr 7, 2020. Rolling records responses are requested (SFAC 67.25(d)) if you are unable to immediately produce records.
Exact copies of every responsive record are requested (Gov Code 6253(b)) - do not: provide mere URLs, print and scan electronic records, convert native files to PDFs, or provide black and white versions of any color record. Provide only copies of records not requiring fees and in-person inspection of all other records (GC 6253).

Your non-exhaustive obligations:
- All withholding of any information must be justified in writing by specific statutory authority (SFAC 67.27).
- All withholdings by masking or deletion (aka redactions) must be keyed by footnote or other clear reference to the specific justification for that redaction, and only the minimal exempt portion of any record may be withheld (SFAC 67.26).
- You must respond to emailed requests (SFAC 67.21(b)).
- You must notify us of whether or not responsive records exist and/or were withheld for each below request (Gov Code 6253(c), 6255(b)).
- You must state the name and title of each person responsible for withholding any information (Gov Code 6253(d)).
- Do not impose any end-user restrictions upon me (Santa Clara Co. vs Superior Ct, 170 Cal.App 4th 1301); so if you use a third-party website to publish records, please make them completely public without any login or sign-in.

Your agency must do all of the above things in your response, and you cannot wait until we file complaints.

****** We have no duty to, and we will not again, remind the City of its obligations. Instead, we will file complaints for every Sunshine Ordinance or CPRA violation. We will continue to file complaints until the City's procedures are modified to fully comply with the Sunshine Ordinance and CPRA, without caveat or exception. ******

Do not destroy or discard any responsive records - we will appeal all withholdings or Sunshine violations.

Thank you for your anticipated cooperation in this matter.

Sincerely,
Anonymous

From: Office of the Mayor

Anonymous,

Please note that we are invoking an extension of up to 14 additional days to continue our response to the request below due to the need to consult with another department. See Government Code § 6253(c) and San Francisco Admin. Code § 67.25(b). We anticipate completing our response no later than March 6, 2020.
Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: Office of the Mayor

Anonymous,

Please see the attached records responsive to your request below. Please note that certain information in the file Communications Re COVID-19_Redacted has been redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2). Please also note that certain documents have been withheld pursuant to the attorney/client privilege (See Gov't Code § 6254(k); Evidence Code § 954; SF Admin. Code § 67.21(k)) and some documents have been withheld because they constitute the draft recommendation of the author (See Admin Code 67.24(a)(1); Gov't Code § 6254).

Please note that we are responding on behalf of the Mayor's Office only and not on behalf of other departments. If you have any questions please let us know.
Regards,

Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

From: Anonymous Person

Office of the Mayor,

Thank you.
Is your response complete here?

1. Why is: 03.09.20 Vulnerable Populations_COVID-19-HSH.doc being withheld?
2. Have you withheld under EC 1040 anything other than COnference call/pin numbers?
3. Why has your office returned to printing/scanning emails and using non-PDFMaker format? It is not possible to know whether BCCs have been unlawfully withheld here.

--Anonymous

From: Office of the Mayor

Anonymous,

Please see the attached supplemental records in response to your request below. Please note that certain dial-in and passcode information has been redacted pursuant to the official information privilege. See Cal. Evid. Code Sec. 1040(b)(2).

With regard to your questions below regarding the earlier production:

1. The attachment to 03.09.20 Vulnerable Populations_COVID-19-HSH.doc is being withheld as a draft recommendation of the author pursuant to Admin Code 67.24(a)(1); Gov't Code § 6254.
2. Yes, the only information withheld pursuant to the official information privilege in the original production relates to teleconference dial-ins and credentials.
3. We have not returned to printing and scanning as a matter of practice. Much of our production has been printed directly to PDF. Our ability to respond to records requests in the normal course has been impacted by the coronavirus and the related public health emergency orders, with city employees either called up to respond to the emergency or working remotely. Printed and scanned documents were provided where this was the most feasible means to produce them. You should not be missing any information in the docs. I am not aware of any BCC information in these emails. If you believe information is missing, let me know.

Thank you also for agreeing to extend your voluntary waiver of deadlines pending the extended shelter-in-place order. We hope that you are staying well.
Regards,
Hank Heckel
Compliance Officer
Office of the Mayor
City and County of San Francisco

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